Пересмотр вступившего в силу решения на основании решения Европейского суда по правам человека: Кудешкина против России 2

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Abstract: This article reviews the issue of implementation of the decisions of the European Court of Human Rights (ECtHR) by restoration to the condition prior to the violation (restitutio in integrum). The subject for research of this issue became the denial of the Russian courts to re-examine the case of Olga Kudeshkina in light of new circumstances after the acknowledgement of violation of the European Convention on Human Rights. This case brings back the question of the “level” of state’s discretion in determining the methods of restoration of the rights of the claimant. This article examines the norms of the Russian law that determine the status of decisions of the European Court of Human Rights, as well the approach of the European Court itself towards the proper execution of its decisions. Based on the analysis of the circumstances in the case of Kudeshkina v. Russia 1 and the legal positions of the European ECtHR in the case of Kudeshkina v. Russia 2, a critical assessment is made on the possibility of a review of court acts now having a legal power due to the decision of the ECtHR. The author notes that the execution of the ECtHR decisions addresses the most problematic area of the convention – correlation of the authority of the European Court with the national sovereignty of the member-states of the European Council.

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